Common use of Statements and accounts Clause in Contracts

Statements and accounts. (a) the Bank shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owing to it hereunder, including: (i) the amount of each Advance made or arising hereunder; (ii) the amount of all principal, interest, linkage differentials and other amounts due from the Borrower to it hereunder; and (iii) the amount of any sum received or recovered by it hereunder. (b) Unless expressly provided to the contrary, any certification or determination by the Bank of a rate or amount under the Finance Documents is, in the absence of manifest error, prima facie evidence of the matters to which it relates. (c) In any legal action or proceeding arising out of or in connection with the Finance Documents: (i) the entries made in the statements and accounts maintained pursuant to paragraph (a) above shall be prima facie evidence of the existence and amounts of the specified obligations of the Borrower; and (ii) a certificate of the Bank signed by a relevant senior officer as to its Wholesale Interest Rate for the purpose of determining the interest rate in respect of an Advance shall, in the absence of manifest or proven error, constitute conclusive evidence of such Wholesale Interest Rate. (d) A certificate of the Bank as to: (a) the amount by which a sum payable to it hereunder is to be increased under Section 10 (Taxes) above; or (b) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Section 11 (Increased Costs) above shall, in the absence of manifest or proven error, be prima facie evidence of the existence and amounts of the specified obligations of the Borrower.

Statements and accounts. (a) the Bank Each Finance Party shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owing to it hereunder, including: (i) the amount of each Advance made or arising hereunder; (ii) the amount of all principal, interest, linkage differentials and other amounts due from the Borrower to it hereunder; and (iii) the amount of any sum received or recovered by it hereunder. (b) Unless expressly provided to the contrary, any certification or determination by the Bank a Finance Party of a rate or amount under the Finance Documents isis (as between such Finance Party and the Borrower), in the absence of manifest error, prima facie evidence of the matters to which it relates. (c) In any legal action or proceeding arising out of or in connection with the Finance Documents: (i) the entries made in the statements and accounts maintained pursuant to paragraph (a) above shall be prima facie evidence of the existence and amounts of the specified obligations of the Borrower; and (ii) a certificate of the any Participating Bank signed by a relevant senior officer as to its Wholesale Interest Lending Rate for the purpose of determining the interest rate in respect of an Advance shall, in the absence of manifest or proven error, constitute conclusive evidence of such Wholesale Interest Lending Rate. (d) A certificate of the Bank a Finance Party as to: (a) the amount by which a sum payable to it hereunder is to be increased under Section 10 12 (TaxesTax Gross-Up) above; or (b) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Section 11 14 (Increased Costs) above shall, in the absence of manifest or proven error, be prima facie evidence of the existence and amounts of the specified obligations of the Borrower.